Round Ups
High Courts Weekly Round Up
Allahabad High Court Refusing to grant relief to the Petitioner, the High Court said that when the Rules pertaining to the Uttar Pradesh Higher Judicial Services did not provide, it could not direct the authorities to re-evaluate the answer sheets. Bombay High Court Refused to interfere in proceedings filed under Section 138 of the Negotiable Instruments Act by Advocate...
Supreme Court Weekly Round Up
Section 313 CrPC: Inculpatory Material As Not Put To The Accused Must Be Eschewed [SamsulHaque vs. State of Assam] The Supreme Court has reiterated that the incriminating material that came in evidence is to be put to the accused during his examination under Section 313 of the Criminal Procedure Code.The bench comprising Justice Sanjay Kishan Kaul and Justice KM Joseph said that this is...
Supreme Court Monthly Digest- July 2019
Order VII Rule 11(d) CPC: Plaint Can Either Be Rejected As A Whole Or Not At All Madhav Prasad Aggarwal vs. Axis Bank Plaint can either be rejected as a whole or not at all, remarked the Supreme Court while reiterating that it is not permissible to reject plaint qua any particular portion of a plaint including against some of the defendant(s) and continue the same against...
High Courts Weekly Round-Up
Allahabad High Court Held that prior government sanction under Section 196 of CrPC is mandatory to take cognizance of offences like Section 121-123 IPC and it thereby set aside the order of conviction and sentence of life imprisonment imposed on a Pakistani Jais-E-Mohommad Terrorist group member and another Indian citizen, for want of such sanction.Taking note of the bleak chances...
Supreme Court Weekly Round-Up
Cheque Bounce Cases: Costs Not To Be Imposed If Settlement Is Reached At The Stage Of Issuance Of Summons [Ritesh Ajmera vs. Dainik Bhaskar] There is no necessity of imposing cost when the parties to a cheque bounce case have amicably settled the matter at the stage of issuance of summons itself, the Supreme Court reiterated. Alienation Of Suit Property Not Illegal Merely...
High Courts Weekly Round Up
Bombay High Court Issued a notice to and served summons on former Union Finance Minister, P. Chidambaram, National Spot Exchange Ltd. (NSEL), Secretary of Department of Industrial Policy and Promote Internal Trade, Ramesh Abhishek and Secretary of Ministry of Skill Development and Entrepreneurship, K. P. Krishnan, (Defendants) in a suit claiming damages and compensation worth...
Supreme Court Weekly Round Up
Landlord Can't Be Precluded From Filing Eviction Petition On The Ground Of Bonafide Need Regarding Non-Residential Premise [Vinod Kumar vs. Ashok Kumar Gandhi] The Supreme Court held that the judgment of Satyawati Sharma Vs. Union of India which held that Section 14(1)(e) of the Delhi Rent Control Act is unconstitutional to the extent it discriminates between the premises let...
High Courts Weekly Round Up
Allahabad High Court Dismissing the Writ Petition filed by a bank employee, the High Court held that the Central Vigilance Commission (CVC) is not an investigating agency in disciplinary proceeding leveled against employees of the bank.Quashed the charge-sheet and criminal proceedings leveled against the Applicant girl, for use of unfair means in UPSC examination, stating that...
Supreme Court Weekly Round Up
Gang Rape And Murder Of Minor Girl: SC Confirms Death Sentence [Manoharan V. State] The Supreme Court (2:1) upheld the death sentence awarded to a man involved in gang rape of a ten year old girl and thereafter murdering her and her brother. However, Justice Sanjiv Khanna dissented with the confirmation of death sentence and opined that the case does not fall under the category of...
High Courts Weekly Round Up
Allahabad High Court Granted conditional bail to Anuj Shukla, editor of news channel Nation Live, which had allegedly aired defamatory content about Chief Minister of Uttar Pradesh Yogi Adityanath.Dismissed a writ petition holding that once evidence was closed and the court proceedings entered the stage of arguments, any application filed for appointment of a commissioner would...
Supreme Court Weekly Round Up
Delay To File Suit For Specific Performance Not A Ground To Deny Relief If It Was Filed Within Limitation Period [R. Lakshmikantham vs. Devaraji] The Supreme Court observed that the delay in filing suit for specific performance cannot be a ground to deny relief to the plaintiff, as long as it is filed within the period of limitation. Failure To Recover Dead Body By Itself...
High Courts Weekly Round Up
Allahabad High Court Ordered to grant police protection to Sakshi Mishra, daughter of BJP MLA Rajesh Mishra, and Ajitesh Kumar, her lover who she claimed to have married on July 4. a notice to Prime Minister Narendra Modi on a petition challenging his election from Varanasi parliamentary constituency. Bombay High Court Held that a victim under the Immoral...